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Gurkha Children Lose Immigration High Court Test Case (Source: bbc.co.uk 15.06.2012)

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Gurkha children lose immigration High Court test case

Soldiers in The Queen's Gurkha Engineers stand to attention The Nepalese fighters have been part of the British Army for nearly 200 years.

Four adult children from Gurkha families have lost a test case for the right to live with parents in the UK.

A High Court judge upheld Home Office decisions refusing the four, who are in their 20s and 30s, indefinite leave to stay in the country.

They said a policy barring over-18s not already settled getting leave - except in exceptional circumstances - did not reflect the "devotion" of Gurkhas.

Rejecting this, Mr Justice Eady said their situation was not exceptional.

Lawyers for the four applicants - Gurkha's daughter Sharmila Gurung, 27, and Gurkhas' sons Rijen Pun, 32, Moti Gurung, 27, and Tika Rai, 27 - said the policy as "uncertain, unclear and unlawful".

The legal team argued government policy that barred over-18s not already settled from getting leave, except in exceptional circumstances, failed to reflect the "devotion and commitment of the Gurkhas and their families to the UK and the British Army".

The Nepalese fighters have been part of the British Army for nearly 200 years.

But Mr Justice Eady said the policy determining who should be allowed to settle in the UK covered the families of all foreign and Commonwealth service personnel.

The judge, sitting in London, ruled that "the great contributions" made by Gurkhas to British interests over generations "should not be allowed to distort the interpretation of legislative provisions or guidance directives" which were not specific to them.

He said the policy had "an important part to play in immigration control", and the people it affected could only settle if their cases were considered "exceptional".

Rejecting accusations that the policy was flawed, the judge also dismissed complaints that immigration decision makers acted irrationally when they held in all four cases that there were no exceptional circumstances to justify granting indefinite leave.

The background to the cases involved a 2004 change in government policy that allowed former servicemen from abroad who had served with Her Majesty's Forces and been discharged in the UK to settle in the country.

In 2009, arrangements were made also to allow those who had retired before July 1997 to remain in the UK, together with their families.

However, a current Home Office policy refuses indefinite leave to over-18s not already present and settled in the UK, who do not qualify under specific immigration rules, and have not previously been granted leave to enter or remain "as part of the family unit".





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  • nepali 355 days ago
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    gurkhas haru british KO lagi lade abbo paloo afnu lagi ladnu parchha. tyo sete gorale kahile gurkhaliko dukha herdaina .AFNO MATLAB PURA garnu gurkhalai khatar warma homera afno faida linu matrai janeko chha,,ABO GURKHA HARU sabai ek bhaera /SERIOUsly afno afno chhora chhori PARIWARKO LAGI LADERA ADHIKAR LINU PARCHHA.CHHODNU HUNNA.//SETELAI.

    Reply
  • victim 362 days ago
    0 Likes
    why is it so late? we over18 should also get ilr to join our family......... gaeso as well as other organization should fight for our issue with speed because dilemma increases problem as well as our age too.......

    Reply
  • Gurkhas 363 days ago
    0 Likes
    Better to die than coward. 200 years how many new country been formed ? They serve with their pride high but still not fair enough trail for their family. Gurkha people may required to approach on international. I am also one of that child who left behind. Hopefully one day sun will raise again.

    Reply
  • clear 363 days ago
    0 Likes
    sorry,actually that message goes to this man,shobhg, make your statement clear mate. i do not understand what you are trying to say actually. sorry about that. This stupid/nonsense writer neither can spell in English nor perhapas any other language probably, have not contributed to the country much, may be just do not who his even father is or what his father did for the country? When asked for the justice/fairness, he seems to be pessimistic because he does not care who contributed what and do not have much sense how world is developing. Be careful, if you dare either show your bravery in the battlefield or do something people can benefit from your contribution. Do not pretend you a Gurkha. You cannot be a Gurkha because you are talking stupid. So it proves that you are not a Gurkha. If you do not know what about real Gurkha,then ask for help/assistace, all right? For the Gurkhas, so many unjustice have to be brought to justice. So, watch out!

    Reply
  • clear 363 days ago
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    make your statement clear mate. i do not understand what you are trying to say actually. sorry about that.

    Reply
  • DKG 364 days ago
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    I am so sad to hear this news. Where are other gurkha who are living there. Why are'nt they feeling ashmed. I think its the wake up call of challange from british gov. I think its everyone rights to live with their parents. So please all gurkhas and family in uk do something. Just dont be so silent. If all your children are there then you are lucky to have them living together. But there are families who have their family far away from them when they need them most at this time to help them emotionally and financially. So think that all gurkhas problem are problem for evey gurkhas. So its time for union and fight for the right. Its 200 years we are fighting for them but now its time to fight for our own right. So wake up, wake up from your false aluring dreams .........!!!!???

    Reply
  • tft 1 years 0 days ago
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    yoi TA CHAMCHE bhate taile matrai yo sansarma seteko bhasa janeko chhas bhanera futani gareko ho? ta haru jsato chamche ko karanle gardanai 200 barsako itihas ma samet hamra purkha gurkha haruele AFNOI adhikar bat bolna samet banchhit kinaki itahash dekhina ta haru jasto chamche haruko janma bhai sakeko thiyo ra aja samma pani dukha didai raheko chhan, 200 BARSAKO ITIHAS MA YADI EX-GURKHS SIPAHI HARULE AJAKO 15 BARAS AGI dekhi AFFNO ADHIKARKO LAGI BRITSH SANGHA P GRG JI KO GESO LE NALADEKO BHAE TERO BABAUKO RA TERO PENSION KATI PAUTHIS BHANERA INDIA RA SINGAPURE SIPAHIKO AGDI QUE MA PANI BAsthinas HOLA,TARA TERO matrai AJJA SABAI PARIWAR UK MA HOLA ANI po bhukeko rahe chha khati kura TA pani KUNNAI BRITISH SETE PARIWAR MA JANMA BAHEKO PAKKA PANI HOINA HOLA.NEPAL KO PAHAD BHIR PAKHa khet bari UKALO ORALO GARREARA KATTI DUKHA KASTA,ani KATTI GALLA WALA /AREO LAI GHUS KHUWAERA BRITISH ARMY MA BHARTI BAISH Luckily,JULY97 APCHHADI KO PAUDARMA PARISH HOLA PAKKA PANI TESAILE TERO AKHA KASARI DEHK CHHAS .Jasle 200barsa agadi gurkhaliko itihash ma yo desh ko lagi lkhaun gurkhas harule afno jyan gumaen tesko pida talai ke thaha chha, ARUKO LAGI,,EK PALTA GAHIRIERA HER AJA HAJARON GURKHA DAJU BHAI HARU KO PARIWAR AFNA AMMA BABU HARU BAT SANGHAI BSANE ADHIKAR BAT BANCHIT CHHAN, KE EHI HO adhikar UK MA BASNE PAUNE GURKHALI HARUKO LAGI//KE gurkhaliHARUKO chora chori yo dehma aera afno future ko lagi education padnu napaune tara duniya bhariko khate harule yo deshma aera sahuliet paune tara jo yo deshko lagnai marne rastrako khamba senako RA UNKA CHORA CHORI HARUKO etti dherrai apaman hunu bhaneko SABAI NEPALI GURKHALI ko apaman ho,,tero pariwar bahek sabai gurkhali ko apman ho, je hos dhilloi bhae pani bir gurkhali haru afno pura adhikar ko lagi ladi rahane chha 2 ani ek din gurkhaliko pakhhema naye paune chhan,,jay bir gurkhas.

    Reply
  • shobhg 1 years 2 days ago
    0 Likes
    This stupid/nonsense writer neither can spell in English nor perhapas any other language probably, have not contributed to the country much, may be just do not who his even father is or what his father did for the country? When asked for the justice/fairness, he seems to be pessimistic because he does not care who contributed what and do not have much sense how world is developing. Be careful, if you dare either show your bravery in the battlefield or do something people can benefit from your contribution. Do not pretend you a Gurkha. You cannot be a Gurkha because you are talking stupid. So it proves that you are not a Gurkha. If you do not know what about real Gurkha,then ask for help/assistace, all right? For the Gurkhas, so many unjustice have to be brought to justice. So, watch out!

    Reply
  • Luis 1 years 3 days ago
    0 Likes
    Such a sad news for gurkhas, they dried their sweat, wasted their blood and died and buried in british soil for nothing. If they didnt fight for the queen then we would never celebrate queens diamond jubilee . May be some germans , argentines flags would be hanging around. And we would never be proud to be british. Such a shame the politician dont care about what they have done. They must be the the son and grandson of those who never wanted to carry a gun for themselves. We give shelter to those who threaten our country but for these soldiers who deserves everything gets nothing.

    Reply
  • GURKHAS 1 years 3 days ago
    0 Likes
    If like this matter from british govt/ home office. SO PLS stop NOW gurkha to joind the british army if you are not right to bring your families / childrein in uk,so why you dieng for THIS british country and their peoples.SO LISTEN EVRY GURKHAS PERSONS PREPEARE TO GO BACK TO YOUR OWEN COUNTRY ,, return all gurkhas veteran and their families from uk to nepal.but YOU MUST TAKE BACK all YOUR NI AND COUNCIL TAX FROM HOME OFFICE BEFORE YOU RUTERN TO YOUR COUNTRY BQZ THIS IS..TOTALLY POINT LESS,BQZ BRITISH GOVT & HOME OFFICE NEVER RESPECT/ LISTEN YOUR HONEST AND LOYAL BRAVE NEVER EVER,.THEY JUST TREAT LIKE YOU ALL GURKHAS SODIER/ VETERAN ARE BEGGARE /HOMELESS TRUBBLE MAKER LIKE A GIPSY FOR BRITISH COUNTRY..

    Reply
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